Definitions from Case Law

both intentional and disparate-impact claims should have made it clear that the reasoning in the opinion was equally applicable to both types of claims.

that portion of its soil which is alternately covered and left bare, as there may be an increase or diminution in the supply of water, and which is adequate to contain it at its av

that portion of its soil which is alternately covered and left bare, as there may be an increase or diminution in the supply of water, and which is adequate to contain it at its av

The ordinary high-water mark has been accepted as the limit of the bed of the stream.

only beverages containing more than 3.2% alcohol by weight, § 506(3).

before the trial or hearing of the cause has been in good faith begun.

that time when goods begin their interstate journey by delivery to a carrier or otherwise, thus passing beyond state authority into the domain of federal control.

As used in this statute the word 'begun' should be given its ordinary and accustomed meaning. To begin is to start; to institute; to initiate; to commence. This suit was begun—with

A belligerent cruizer who with probable cause seizes a neutral and takes her into port for adjudication, and proceeds regularly, is not a wrong doer. The act is not tortious. The o

direct' or 'fully distributed' cost or some other level of cost computation cannot be decided in the abstract.

consumptive use measured by diversions less return flows, for a beneficial (nonwasteful) purpose.

It is not, however, every legal interest that is made liable to sale on a fi. fa. The debtor must have a beneficial interest in the property.

It is a settled rule of law that the beneficial interest of the cestui que trust, whatever it may be, is liable for the payment of his debts. It cannot be so fenced about by inhibi

one who owns 'more than 10 per centum of any class of any equity security (other than an exempted security) which is registered pursuant to section 75l (§ 12) of this title.' 15 U.

the Indians are beneficial owners of the land and the timber standing upon it and of the proceeds of their sale, subject to the plenary power of control by the United States, to be

the use by a federal contractor of property owned by the United States in connection with commercial activities carried on for profit, which constitutes a separate and distinct tax

If the plaintiff were permitted to own the current of the stream as appurtenant to his right of appropriation and diversion, he would be able to add indefinitely to the water right

the cestui que trust who enjoys the advantages of such administration

something that guards, aids, or promotes well-being: advantage, good; useful aid; payment, gift [such as] financial help in time of sickness, old age, or unemployment; or a cash pa

only funds provided under a federal assistance program, the Court, in practice, adopts it.

but are not limited to, nonprofit nursing homes and nonprofit boarding homes and boarding care facilities licensed by the Department of Human Services pursuant to Title 22, chapter

the provision of the act that exempts bequests assumes the gift of a corpus and contrasts it with the income arising from it, but was not intended to exempt income property socalle

It is said by the chancellor of Maryland, 2 Bland’s Chancery Rep. 314, that the bequest of freedom to a slave is a specific legacy, and undoubtedly this is its true legal character

A bequest in the form of a direction to pay at a future period vests in interest immediately if the payment be postponed for the convenience of the estate or to let in some other i

as a constitutional matter, that the subject of the surveillance be named if known, Congress would hardly have read those cases as requiring the naming of all parties likely to be

where the Executive Branch, charged as it is with primary responsibility for the conduct of foreign affairs, expressly represents to the Court that application of the act of state

to avoid pregnancy from their physician, plaintiff in No. 61, because if he gave it he would commit a crime.

The rule of evidence does not require the strongest possible evidence of the matter in dispute, but only that no evidence shall be given which, from the nature of the transaction,

The rules of evidence are adopted for practical purposes in the administration of justice; and although it is laid down in the books, as a general rule, that the best evidence the

We are of opinion that a better subsisting adverse title in a third person, is no defence in a writ of right. That writ brings into controversy only the mere rights of the parties

among," In at least sixteen of the cases cited, supra, "between" was used in referring to more than two legatees without indicating a division into classes.' And see *119 cases cit

On this question, the court are unanimously of opinion, that to give a sensible construction to that act, the words 'beyond seas' must be held to be equivalent to 'without the limi

The words, 'beyond the seas,' in this law, are manifestly borrowed from the English statute of limitation of James I. ch. 21; and it has always been held, that they ought not to be

petitioner was entitled to show by cross examination that his testimony was affected by fear or favor growing out of his detention. Even if the witness were charged with some other

Every bidding at an auction is nothing more than an offer on one side until it has received the assent of the auctioneer as the agent of the owner.

The French word 'biens' has a wider significance than the English word 'goods' (used by the American translator) and embraces real property

arbitration in an individual capacity between precisely two parties," a rule prohibiting representative-capacity waivers cannot invalidate agreements to arbitrate on a "bilateral"

paper emitted by a bank, there will be found a most marked adherence to the distinction between an obligation and a bill, as appears in the clause of the original charter of the Ba

it is a proceeding in the nature of a bill in equity to foreclose a mortgage, in which the facts as well as the law are to be decided by the court; and an appeal, and not a writ of

The essential of the bill in the nature of interpleader is that it calls upon the court to exercise its jurisdiction to guard against the risks of loss from the prosecution in inde

Bills of attainder were acts of Parliament whereby sentence of death was pronounced against the accused. Courts of justice were employed only to register the edict and carry the se

the payment of money; a "bill of attainder" refers to the conviction of an offence by a legislature; so of the word "law", an "ex post facto" law refers to one which inflicts a pun

The rationale of the remedy, when used as an auxiliary process in aid of trials at law, is simplicity itself. At times, cases will not be proved, or will be proved clumsily or wast

the exception must show that it was taken and reserved by the party at the trial, but it may be drawn out in form and sealed by the judge afterwards.

A bill of exceptions is altogether unknown in chancery practice; nor is a court of chancery bound to inscribe in an order book, upon the application of one of the parties, an order

There is certainly no precise form of words necessary to constitute a Bill of Exchange, yet from the earliest time to the present, merchants have agreed upon nearly the same form,

It is said, that a bill of exchange is, in theory, an assignment to the payee of a debt due from the drawee to the drawer. This is undoubtedly true, where the bill has been accepte

the court is of opinion, that if any person who endorses a bill of exchange to another, whether for value, or for the purpose of collection, shall come to the possession thereof ag

A complainant, seeking the aid of a court of chancery under such circumstances, must state in his bill distinctly the particular act of fraud, misrepresentation, or concealment,—mu

the bills, or presentments, found by a grand Jury, amount to nothing more than an official accusation, in order to put the party accused upon his trial: 'till the bill is returned,

Assertion by the complainant of entire disinterestedness is essential to a bill of interpleader. In such a bill it is necessary to aver that the complainant has no interest in the

the signing of a bill of lading, acknowledging that merchandise had been received in good order and condition, is prima facie evidence that, as to all circumstances which were open

a legislative act which inflicts punishment without a judicial trial where the punishment is less than death; within the meaning of the Constitution, bills of attainder include bil

Those only who have a clear, legal, and equitable title to land connected with possession, have any right to claim the interference of a court of equity to give them peace or dissi

A bill of review is called for only after a final decree—one that finally adjudicates upon the entire merits, leaving nothing further to be done except the execution of it. For thi

The bill of revivor was, in no just sense, an original suit; but was a mere continuation of the original suit. The parties to the original bill were citizens of different states; a

The constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states... If

This bill was, in its origin, merely a bill of discovery, and quia timet. Before the answer was filed, the original defendants are alleged to have sold the slaves, and, by that act

The jurisdiction of a court of chancery to grant perpetual injunctions for quieting inheritances, after the right and matter in question has been fairly settled by concurring verdi

bills of pains and penalties.

Both descriptions of notes may be properly described as bills of credit, for both are furnished by the government; both are issued on the credit of the government; and the governme

The authority to issue bills of exchange not being one expressly given by statute, can only arise as an incident to the exercise of some other power. When it becomes the duty of an

Bills of lading, letters of correspondence, and all other papers on board, which relate to the ship or cargo, are also considered as prima facie evidence of the facts they speak; b

Bills of pains and penalties were acts denouncing milder punishments. The term 'bill of attainder' in the National Constitution is generical, and embraces bills of both classes.

A bill in equity to abate a public nuisance, filed by one who has sustained special damages, has succeed to the former mode in England of an information in Chancery, prosecuted on

To sustain a bill of this character, it must appear that the facts which the plaintiff expects to prove by the testimony of the witnesses sought to be examined will be material in

a bill will [not] lie to dispel mere verbal assertions of ownership as clouds on title, [nor], invoking equity interposition on the ground of the removal of clouds, [may] decrees .

In this country, the lands of the United States, lying within the States, are held and subject to be sold (under the authority of Congress), as lands may be held and sold by indivi

As to the binding effect of judgments or decrees, the general rule is, that the judgments of courts of concurrent jurisdiction are not admissible in a subsequent suit, unless they

whenever credit is given to the firm, within the scope and objects of the partnership, and in the course of its trade and business, whether the partnership be of a general or limit

the dignity of citizenship which the Constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except p

all bituminous, semibituminous, and subbituminous coal and shall exclude lignite, which is defined as a lignitic coal having calorific value in British thermal units of less than s

The delivery of a bill of exchange signed and indorsed in blank only authorizes the receiver, as between himself and the drawer and indorser, to fill it up in conformity with the a

The evident purpose of this section, as its history and context show, was not to preclude mandatory injunctions, but to forbid blanket injunctions against labor unions, which are u

a system in which "any person, regardless of party affiliation, may vote for a party's nominee." California Democratic Party v. Jones, 530 U. S. 567, 576, n. 6 (2000).

the right of a bon a fide holder of a bill to write over a blank indorsement, to whom the bill shall be paid, at any time before or after the institution of a suit against the indo

the uniform price less administrative deductions.

A blockade is just as much violated by a vessel passing outwards as inwards. A blockade is a sort of circumvallation round a place, by which all foreign connection and corresponden

The right to blockade an enemy's port with a competent force, is a right secured to every belligerent by the law of nations. No neutral can, after knowledge of such blockade, lawfu

Conditioning the license or sale of one or more feature films upon the acceptance by the station of a package or block containing one or more unwanted or inferior films.

That under that warrant, together with a number of others then in his hands, he surveyed what, in that country, is called a block of surveys, (by which we understand a number of co

the Dallas Motion Picture Classification Board established by Section 46A—2 of this ordinance.

The Board of Tax Appeals is not a court. It is an executive or administrative board, upon the decision of which the parties are given an opportunity to base a petition for review t

the test of the Board's jurisdiction is not the volume of the interstate commerce which may be affected, but the existence of a relationship of the employer and his employees to th

furthermore, I do not see the relevance of the meaning of the term "public corporation." See "ante," at 69-70, n. 9.

From the moment of their association, the United States necessarily became a body corporate; for, there was no superior from whom that character could otherwise be derived. In Engl

any company * * * whether corporate or not corporate.

the bohea tea of commerce is not usually a distinct and simple substance, but is a compound made up in China of various kinds of the lowest priced black teas, and the mixture is of

The requirement of the statute is substituted for the common-law rule which holds the employer to ordinary care to provide his employees a reasonably safe place in which, and reaso

The change of citizenship, even for the purpose of bringing a suit in the federal court, must be with the bona fide intention of becoming a citizen of the State to which the party

We know of no law which avoids a deed, where a valuable (by which, to a general intent must also be understood adequate) consideration is paid, and the change of property be bona f

the parties in good faith and acting with a business purpose intended to join together in the present conduct of the enterprise — determined by considering all the facts: the agree

a bona fide holder of a negotiable instrument, for a valuable consideration, without notice of the facts which impeach its validity between the antecedent parties, if he takes it u

a bona fide holder of a negotiable instrument, for a valuable consideration, without any notice of facts which impeach its validity, as between the antecedent parties, if he takes

What constitutes bona fide medical practice must be determined upon consideration of evidence and attending circumstances.

The expression, 'in bona fide operation', suggests absence of evasion, excludes the idea that mere ability to serve as a common carrier is enough, includes actual rather than poten

Bona fide purchase is an affirmative defense.

a bona fide purchaser, for a valuable consideration, without notice, has enhanced the value of the property by permanent expenditures, and has been subsequently evicted by the true

in all cases where a purchaser cannot make out a title, but by deed which leads to another fact, notice of which a purchaser shall be presumed cognisant; for it is crassa negligent

The rules respecting a purchaser without notice, are framed for the protection of him who purchases a legal estate and pays the purchase-money, without knowledge of an outstanding